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Estate Planning
Estate planning is important for both individuals and pets. Proper planning can literally save a pet’s life.
Per Nevada law, Wills do not avoid probate; only well drafted and funded trusts will avoid probate. There are also issues with guardianship if an individual does not have properly drafted documents in place before they become legally incompetent.
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In a well drafted trust an individual can also plan for the care of their pet in the event of the death or disability of the individual owner via a “pet trust”, which is included in the individuals revocable living trust. Nevada law does not allow provisions for your pet in a Will.
I am often asked if an individual can have an agreement with the neighbor to take their pets. Under Nevada law, pets are considered property so an Animal Control officer will not release the pets to the neighbor because the agency has no more authority to transfer ownership of a person’s pets than it does of a person’s television set.
When you set up an estate plan with provisions for your pets you can do all kinds of things for your pet like allow your pet to live in your house for the remainder of their life, regulate veterinary care, provide for food, grooming, dental cleanings and daycare.
Estate planning is important for all animals. Some animals live to be 100 years old, like birds and desert tortoises, some animals are very large, require a lot of room and are expensive to care for, like horses and some animals have known current or potential future medical problems. Many pet owners want to ensure there is money for the pet’s future needs.
It is imperative that planning be done by an attorney who is well versed in estate planning for pets because it can literally be a matter of life and death for your pet. You also have to be very careful about leaving money outright to an individual as a “thank you” for taking your pet because once the individual has your money and your pet they can take the pet to the vet and have them put to sleep or drop them off at a local shelter and keep your money.
